The topic of call recording laws by state is quite intricate and often misunderstood. Whether you’re a consumer, a business, or a legal professional, knowing which states permit recording and under what conditions is most important in order to avoid legal pitfalls.
Federal Framework
Before diving into state rules, we must mention the federal baseline. Under 18 U.S.C. § 2511, federal law generally follows a one‑party consent rule. That means recording a telephone call or private conversation is lawful so long as at least one participant consents, provided the recording does not violate some other statute.
However, federal law does not override stricter state statutes. Thus, in states that require consent from all parties, you may run afoul of those local laws even if you believe federal law protects you. That tension is a major reason why understanding call recording laws by state is essential.
One Party Consent vs. Two Party Consent (All‑Party Consent)
When people refer to one party consent states or two party consent states, they are referencing how many parties in a conversation must agree before a recording is legally made.
- One party consent states allow a recording if at least one participant consents (which often means you can record your own calls without notifying others).
- Two party consent states (also called all‑party consent states) require everyone participating in the call or communication to consent before recording.
Thus, when discussing call recording laws by state, one must always check which side the state falls on.
It’s worth noting that some states have nuances or hybrid rules (e.g. different rules for in‑person vs. electronic communications).
Which States Are One Party Consent?
Most U.S. states fall under one party consent. According to several sources, 38 states plus the District of Columbia follow the one party consent rule for recordings.
Below is a list of states that are generally regarded as one party consent states under call recording laws by state:
One Party Consent States
Alabama, Alaska, Arizona, Arkansas, Colorado, Delaware, District of Columbia, Georgia, Hawaii, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Michigan, Minnesota, Mississippi, Missouri, Nebraska, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, West Virginia, Wisconsin, Wyoming.
This list is drawn from aggregated sources of state recording consent laws.
Which States Require All‑Party Consent?
A smaller set of states require that all parties must consent to the recording. These are known as two party consent states under call recording laws by state.
Here is a commonly cited list of such states:
Two Party (All‑Party) Consent States
California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Montana, New Hampshire, Nevada, New Jersey (in some contexts), Pennsylvania, Washington.
Note a few caveats:
- In Illinois, the original two‑party consent statute was held unconstitutional in 2014, but a similar law was later re‑enacted.
- Montana requires notification only, effectively meaning that parties must be informed when recording.
- Hawaii is generally a one party state, but in private settings or when using hidden devices might require two‑party consent.
- Oregon has a split: one party consent for electronic communications (e.g. phone calls) but some sources suggest more restrictive rules for in‑person recordings.
Thus, when summarizing call recording laws by state, those complexities should not be ignored.
Consent Requirements by State (Selected States)
Here is a table summarizing call recording laws by state, showing a sample of states and which consent they require (one party or two party):
| State | Consent Required | Notes / Nuances |
| California | All‑Party | Implied consent may suffice if parties know recording occurs. |
| Florida | All‑Party | Business exemption may apply in some cases. |
| Illinois | All‑Party (with caveat) | Statute re‑enacted after the original was voided. |
| New Hampshire | All‑Party | Requires consent from all parties. |
| Pennsylvania | All‑Party | No recording without all parties’ consent. |
| Washington | All‑Party | Private communications require consent. |
| Alabama | One‑Party | Only one party needs to consent. |
| Texas | One‑Party | One party consent permitted. |
| New York | One‑Party | One party may record their own call. |
| Oregon | One‑Party (phone) / Mixed | Electronic calls allowed by one party; in‑person rules may differ. |
What Are Call Recording Laws in the United States?
In order to sum up, the landscape of call recording laws by state in the U.S. is mostly divided into the two categories above. Particularly one party consent states, recording is allowed so long as one participant agrees. In the few states requiring two‑party consent, all involved must be aware and agree. The federal rule is one party consent, but that doesn’t override stricter state laws.
When communicating across state lines, the rule becomes more complex: you might need to comply with the laws of both states. In most conflicts, courts tend to favor applying the more restrictive law (i.e., requiring all‑party consent) just to be safe.
Conclusion
In conclusion, the system of call recording laws by state in the U.S. is mostly split between one party consent and two party (all party) consent jurisdictions. Most states permit one party to record, but a handful demand all parties’ agreement. The federal law provides a baseline, but state laws can impose stricter rules. Thus, it is quite important to know the rules in your state and in other states if you record calls across jurisdictions.
Frequently Asked Questions
1. What are one party consent states?
A: One party consent states permit a recording so long as at least one person in the conversation consents. If you’re part of the conversation, you may legally record without notifying the other party, except where state law is more restrictive.
2. What states are one party consent?
A: A majority of U.S. states are one party consent states, including Alabama, Texas, New York, Ohio, Virginia, etc., plus D.C. (see list earlier).
3. What are two party consent states?
A: Two party consent states require that all participants in a conversation or call agree to the recording beforehand. These are sometimes also called all‑party consent states.
4. Is call recording legal across state lines?
A: When parties are in different states, you may need to comply with the call recording laws by state of each party. In practice, many adopt adherence to the stricter law (i.e. all‑party) to avoid risk.
5. Can a recording be admitted in court if it was made illegally?
A: Generally, recordings made in violation of state or federal wiretapping laws may be deemed inadmissible or may expose the recorder to criminal or civil penalties.
6. What should businesses do to stay safe?
A: Many businesses preface calls with a recorded notice like “this call may be recorded for quality assurance” so that the other party is aware. In states with all‑party consent, this notice is often considered sufficient to imply consent if the person continues.
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